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A person aggrieved by an unlawful search, seizure, interrogation, or other unlawfully obtained evidence may move to suppress for use as evidence anything so obtained. The court shall receive evidence on any issue of fact necessary to the decision of the motion. The motion shall be made as provided in rules 2.11(4)-(6).
The standard of proof for a motion to suppress evidence is ?preponderance of the evidence.? This means that whatever side has the burden of proof must show that it is more likely than not their position is correct.
The trial court granted the juvenile defendant's motion to suppress evidence as fruit of an unreasonable search and seizure. Retrieved from Wikipedia CC BY-SA 3.0. Source URL: v.
A person aggrieved by an unlawful search, seizure, interrogation, or other unlawfully obtained evidence may move to suppress for use as evidence anything so obtained. The court shall receive evidence on any issue of fact necessary to the decision of the motion. The motion shall be made as provided in rules 2.11(4)-(6).
The standard of proof for a motion to suppress evidence is ?preponderance of the evidence.? This means that whatever side has the burden of proof must show that it is more likely than not their position is correct.
A motion to suppress is a motion filed by a criminal defense attorney when he or she has reason to believe that evidence was illegally obtained through an unlawful search or seizure. The goal is to have the judge throw out evidence that the State plans to use against you.
One way to do this is to file a motion to suppress evidence. This can be an extremely useful strategy in your criminal defense. However, you cannot expect to successfully file these motions on your own. You will need the help of an experienced criminal defense attorney.
Motions to Suppress Evidence - California Penal Code Section 1538.5. A Penal Code 1538.5 motion to suppress evidence is a pretrial motion asking the court to exclude evidence obtained by illegal search and seizure. In the United States, everyone is subject to the rule of law, including law enforcement.